Massachusetts overtime and meal break rules

Does Massachusetts require a meal break? Yes: no one may be required to work more than 6 hours in a calendar day without at least 30 minutes for a meal (M.G.L. c. 149, s. 100). Overtime is 1.5x after 40 hours (c. 151, s. 1A).

Overtime: M.G.L. c. 151, section 1A

Hours over 40 in a workweek are owed "at a rate not less than one and one half times the regular rate."

Commissions and bonuses. The same section says: "Sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on sales or production, shall be excluded in computing the regular rate and the overtime rate of compensation under the provisions of this section." Federal law counts most of these in the regular rate (29 U.S.C. 207(e)). Where the FLSA also covers a worker, the federal rate still applies if it pays more (29 U.S.C. 218(a)).

Retail Sundays and holidays. Where a retail worker is paid 1.5x for Sunday or holiday hours under chapter 136, "the hours so worked on Sunday or certain holidays shall be excluded from the calculation of overtime pay," unless a collective bargaining agreement says otherwise. Section 1A lists many excluded jobs; read the full list.

Meal break: M.G.L. c. 149, section 100

"No person shall be required to work for more than six hours during a calendar day without an interval of at least thirty minutes for a meal."

An employer who breaks this can be fined between $300 and $600.

Not legal, tax or payroll advice. Read on October 27, 2026 from malegislature.gov through Internet Archive copies dated October 26, 2026 (section 100) and September 28, 2026 (section 1A), because the live site did not answer our connection.